Source: All England Reporter
Publisher Citation: [2005] All ER (D) 326 (Nov)
Neutral Citation: [2005] EWCA Civ 1421
Court: Court of Appeal, Civil Division

Buxton, Sedley and Jonathan Parker LJJ

Representation Nicholas Blake QC and Femi Omere (instructed by the Terrence Higgins Trust) for the claimant.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 24 November 2005


Immigration - Deportation - Expiration of leave to remain in United Kingdom - Human rights - Freedom from inhuman or degrading treatment - Right to respect for private and family life - Claimant diagnosed as HIV positive - Treatment difficult or impossible to obtain if returned - Whether difficulty in obtaining treatment amounting to violation of human rights - , Sch 1, Pt 1, arts 3, 8.

The Case

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